4.1 DRAFT MINUTES (1 SET) 03-06-2023
Meeting of the Elk River City Council
Held at the Elk River City Hall
Tuesday, February 21, 2023
Members Present: Mayor John Dietz, Councilmembers Cory Grupa, Mike Beyer, Matt Westgaard, and Jennifer
Wagner
Members Absent: None
Staff Present: City Administrator Calvin Portner, Community Development Director Zack Carlton, Senior
Planner Chris Leeseberg, Public Works Director Justin Femrite, Engineer 1 Ryan
Sandhoefner, Police Chief Ron Nierenhausen, City Prosecutor Scott Baumgartner, and City
Clerk Tina Allard
1. Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:00
p.m. by Mayor Dietz.
2. Pledge of Allegiance:
Pledge of Allegiance was recited.
3. Consider Agenda
Moved by Councilmember Beyer and seconded by Councilmember Wagner to approve the agenda.
Motion carried 5-0.
4. Consent Agenda
Moved by Councilmember Westgaard and seconded by Councilmember Grupa to approve:
4.1 February 6, 2023, Minutes.
4.2 Check register as outlined in the staff report.
4.3 Pay estimates as outlined in the staff report.
4.4 Engineering Design Standards in the staff report.
4.5 Adopt Resolution 23-09 supporting the Corridors of Commerce funding for the US Highway
10/169 Safety and Congestion Mitigation Project.
4.6 Appoint Elk River High School Principal Terry Bizal as the alternate ISD#728
representative for the Multipurpose Facility Advisory Commission with a term expiration of
February 28, 2025.
4.7 Ordinance 23-02 granting CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy
Minnesota Gas, it’s successors and assigns, a non-exclusive franchise to construct, operate,
repair and maintain facilities and equipment for the transportation, distribution,
manufacture and sale of gas energy for public and private use and to use the public ways
and grounds of the City of Elk River, Sherburne County, Minnesota, for such purpose; and,
prescribing certain terms and conditions thereof.
4.8 Hire Andrew Leland to the position of street maintenance operator effective March 6, 2023,
as outlined in the staff report.
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February 21, 2023
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4.9 Memorandum of Understanding with Elk River Municipal Utilities regarding Customer
Service and Billing Services.
Motion carried 5-0.
5. Open Forum
No one appeared for Open Forum.
6.1 Prosecuting Attorney Annual Update
Sherburne County Attorney Kathleen Heaney expressed her appreciation for the police department and Mr.
Baumgartner. She noted juvenile case referrals have increased and there is continued backlog of cases due to
the pandemic.
Attorney Scott Baumgartner reiterated Ms. Heaney’s comments about the police department, further stating
they have a great training program and are very thorough at report writing. He stated there has been an
increase in Driving Under the Influence (DUI) cases with the blood alcohol content being at much higher
levels than seen in the past.
The Council asked about:
Recently adopted THC (Tetrahydrocannabinol) laws and city regulations.
Why DUI cases may have increased.
Update on the investigation of a recent accident involving a Spectrum student on Twin Lakes Road.
Attorney Baumgartner discussed the current THC bill in the legislature. He believes the State will pass
legalization of marijuana. He stated the DUI issues are unknown but could be related to a series of factors
such as the pandemic and economy. Mr. Baumgartner expressed sympathy for the situation and the families
involved in the Twin Lakes Road incident. He reviewed all the reports to determine whether charges should
be brought forward. He discussed the number of factors he considers, such as elements of a crime,
pedestrian safety, and criminal vehicular operations. At this time there is not any data to pursue charges
against the driver and he can’t find anything that would prove beyond a reasonable doubt a crime has been
committed. He stated charges are not warranted based on the material he has received on the incident.
6.2 City of Elk River Volunteer of the Month – Mayor Dietz
Mayor Dietz presented the January Volunteer of the Month award posthumously to Jim Nystrom. He
highlighted the following and presented the award to Gail and Eric Nystrom (wife and son):
Member of the Elk River Fire Department for 32 years.
Served on the Sherburne County Fair Board for 25 years.
Worked on Sherburne County park program.
Elk River Parks and Recreation Commissioner for 15 years. Work on the city’s trail system.
Active member of United Methodist Church as a trustee and member of several committees.
Supported Sherburne County Wildlife Refuge and Historical Society.
Longtime manager of Orono Cemetery.
City Council Minutes Page 3
February 21, 2023
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6.3 Advisory Board Candidate Interviews
The Council interviewed candidates. While interviewing Multipurpose Facility applicant Jacob Peterson the
Council asked him to consider being careful about what comments he posts on social media noting at times
the information is incorrect. The Council clarified misinformation with comments posted in the past.
7.1 Zone Change: Nature’s Edge Business Center
Mr. Carlton presented the staff report.
Mayor Dietz opened the public hearing. There being no one to speak to this issue, Mayor Dietz closed the
public hearing.
Moved by Councilmember Westgaard and seconded by Councilmember Grupa to adopt Ordinance
23-03 amending the zoning map of the City of Elk River, Minnesota, to rezone certain property
from Agricultural Research (AR) to Business Park (BP). Motion carried 5-0.
8.1 Highway 10 Corridor Study
Mr. Femrite presented the staff report.
The Council noted the importance of community engagement and continuing to keep everyone updated on
this topic.
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to approve the
Highway 10 Corridor Study as outlined in the staff report. Motion carried 5-0.
8.2 Advisory Board Appointments
The Council made the following appointments with term expirations of February 28, 2026.
Moved by Councilmember Wagner and seconded by Councilmember Beyer to appoint Levi
Aesoph and Vern Iverson to the Energy City Commission. Motion carried 5-0.
Moved by Councilmember Wagner and seconded by Councilmember Westgaard to appoint Lance
Lindberg and Debra Mortenson to the Heritage Preservation Commission. Motion carried 5-0.
Councilmembers discussed Mr. Jacob Peterson, free speech, and providing factual data on social media.
Councilmember Westgaard noted Mr. Peterson is a diligent volunteer on the commission and does a great
job, noting it’s good to have various viewpoints on commissions.
Moved by Councilmember Wagner and seconded by Councilmember Beyer to appoint Jacob
Peterson, Michael Westgaard, and David Williams to the Multipurpose Facility Advisory
Commission. Motion carried 4-0. Councilmember Westgaard abstained due to conflict of interest.
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February 21, 2023
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Moved by Mayor Dietz and seconded by Councilmember Westgaard to appoint Mike Brown to the
Parks and Recreation Commission.
The Council discussed the new applicants who were interviewed at a previous meeting.
Mayor Dietz amended his motion to also appoint Michael Niziolek to the Parks and Recreation
Commission. The seconder was amendable to the change.
Motion carried 5-0.
Moved by Councilmember Beyer and seconded by Councilmember Wagner to appoint Dennis
Booth and Jill Larson-Vito to the Planning Commission. Motion carried 5-0.
Moved by Mayor Dietz and seconded by Councilmember Beyer to appoint Nicholas Zerwas to the
Utilities Commission. Motion carried 5-0.
9. Adjourn Regular Meeting
Moved by Councilmember Westgaard and seconded by Councilmember Wagner to adjourn the
regular meeting of City Council. Motion carried 5-0.
Mayor Dietz called the work session to order at 7:02 p.m.
10.1 Street Disruption Permitting Process
Mr. Sandhoefner presented the staff report.
The Council was amendable to the changes recommended by staff, noting the delay in recent years with
certain street projects.
10.2 Proposed Land Use, Zoning, and Ordinance Amendments
Mr. Leeseberg presented the staff report. He reviewed in detail the existing and proposed Land Use Plan,
zoning maps for the different districts, definition changes, and residential district changes.
The Council discussed the following:
What would be the unintended consequences of making changes with the residential zoning
districts. Staff indicated they are working to minimize issues, noting the goal was to not create legal
non-conforming uses. Staff chose the minimum performance standards (lot sizes/setbacks) from the
residential zoning districts. Mr. Carlton stated the R3 district may have more non-conforming lots as
it would capture a large number of existing developments.
What is the benefit of compact residential districts. Mr. Carlton stated these are the types of housing
projects developers want to construct and the amendments being discussed tonight will act as our
tool to guide and control development in a form the city desires. Councilmember Wagner
questioned how these developments benefit the community, noting they tax our systems, amenities,
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February 21, 2023
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and schools while a developer makes more money. Mr. Carlton noted development drives changes
in a community and asked if adding additional trail/ park amenities is a bad thing. He further
discussed park dedication and additional revenue from the residential growth.
Do we want to grow anymore as a city? And have we made the decision to grow? Mr. Carlton stated
yes, via adoption of the Comprehensive Plan, which developers review prior to bringing projects
forward. Mr. Carlton stated the Comprehensive Plan can be changed to reflect the Council’s desires,
but if they want to see growth in the community, this type of development is what we are seeing in
the market. The city is not required to grow with the proposed lot sizes or style, but these have been
the types of projects supported and approved in recent years.
10.3 Volunteer Appreciation Day and Council Meet and Greet at the Farmer’s Market
Ms. Allard presented the staff report.
The Council chose June 15 as Volunteer Appreciation Day at the Farmer’s Market and requested a
proclamation in recognition of the event.
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Mr. Portner noted snow plowing operations would begin at 3:00 am. He outlined the plan based on the
current forecast, which could change dependent on the weather. The Council asked for social media
coverage based on the plan.
Mr. Portner asked the Council how they would like to handle the Assistant City Administrator interview
process. The Council stated they would like to interview the finalist for the position.
12. Motion to Adjourn
Moved by Councilmember Beyer and seconded by Councilmember Grupa to adjourn the meeting
of City Council. Motion carried 5-0.
The meeting adjourned at 8:17 p.m.
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John J. Dietz, Mayor
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Tina Allard, City Clerk